Piedade Fernandes And 2 ORS v. Dev Chandreshwar Bhutnath Sausthan And ANR.,

2026:BHC-GOA:467 Esha

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 46 OF 2025 IN CIVIL REVISION APPLICATION NO. 3007 OF 2024 (F) IN FIRST APPEAL NO. 91 OF 2012 PIEDADE FERNANDES & 2 ORS.

... APPLICANTS ~ VERSUS ~ DEV CHANDRESHWAR BHUTNATH SAUSTHAN & ANR.

... RESPONDENTS APPEARANCES:

for the Applicant Ms. Natasha Rai for Respondent No. 1 Mr. Ryan Menezes CORAM : AMIT S. JAMSANDEKAR, J.

DATED : 12th MARCH 2026 P.C:

1. Heard the learned Counsel for the Applicants. Perused the record.

2. By the present Application, the Applicants seek condonation of delay of 134 days in filing the restoration Application. The reasons given for the delay are that the Advocate on record neither followed up the matter before the Registrar's Board nor were the office objections cleared within the stipulated time.

3. It is submitted on behalf of the Applicants that the error occurred on behalf of the Advocate appearing for the Applicants, due to which the Applicants should not suffer. An unconditional apology is tendered on behalf of the Advocate for the Applicants. It is submitted that the reasons mentioned in the Application are bonafide and therefore, sufficient cause is shown for condoning the delay.

4. Mr. Menezes, learned Counsel appearing for Respondent No. 1, vehemently opposed the Application. It is submitted that there is no sufficient cause shown by the Applicants in support of the Application.

5. Considering the fact that the error was committed by the learned Advocate appearing on behalf of the Applicants due to miscommunication with the Registry office, the apology is accepted and the delay in filing the restoration Application is condoned. In view thereof, the Application is allowed in terms of prayer clause (a), which reads as follows:

"The Applicant therefore prays that this Hon'ble Court be pleased to condone the delay in filing the Civil Revision Application against the order refusing registration passed on 12/07/2024 in MCA No. 405/2024 (F)."

6. The Miscellaneous Civil Application No. 46 of 2025 stands disposed of.

[ AMIT S. JAMSANDEKAR, J. ] Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 12/03/2026 18:17:24